Child Pornography Penalties – Virginia Lawyers

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Child Pornography Charge & the Penalties – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Martin v. Commonwealth

Facts:

The Alexandria Circuit Court (Virginia) entered a final judgment of conviction and imposed penalties after defendant was found guilty of possession of child pornography and using a communications system for the

solicitation of a person he knew, or had reason to believe, was a minor, for certain sexual offenses, in violation of Va. Code Ann. § 18.2-374.3(B). Defendant appealed

If you are facing a criminal case in Alexandria, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Although agreements to engage in illegal conduct undoubtedly possess some element of association, the State mayban such illegal agreements without trenching on any right of association protected by the First Amendment. The fact that such an agreement necessarily takes the form of words does not confer upon it, or upon the underlying conduct, the constitutional immunities that the First Amendment extends to speech. Finally, while a solicitation to enter into an agreement arguably crosses the sometimes hazy line distinguishing conduct from pure speech, such a solicitation, even though it may have an impact in the political arena, remains in essence an invitation to engage in an illegal exchange for private profit, and may properly be prohibited.

Offers to engage in illegal transactions are categorically excluded from First Amendment protection. There is noauthority which extends First Amendment protection to a solicitation to commit an act lawfully prohibited by statute. Reasonable prohibitions against soliciting unlawful acts do not violate free speech rights. Because First Amendment protection does not extend to statements made in the solicitation of criminal acts, laws prohibiting solicitation of criminal acts do not reach protected speech.

Child Pornography Charge & the Penalties – Virginia Attorneys

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.